Who inherits when a spouse dies without a will in Ghana?

A person who dies without a will disposing of their estate dies intestate. If a will covers only part of the estate, the rest is shared under the Intestate Succession Law (section 2). The Law covers the deceased's self-acquired property (section 18). It does not apply to stool, skin or family property (section 1(2)).

When the deceased leaves a spouse, a child or both:

• The spouse and children are entitled absolutely to the household chattels (section 3). These include jewellery, clothes, furniture, refrigerators, televisions and other appliances, kitchen and laundry equipment, books, household livestock and motor vehicles not used wholly for commercial purposes (section 18).
• If the estate includes one house, it goes to the spouse and children. If it includes more than one, they choose one house. Where both a spouse and children take it, they hold it as tenants-in-common. If they will not or cannot choose, the High Court decides on the administrator's application (section 4).
• Where there is a spouse and a child, the rest of the estate is shared: three-sixteenths to the spouse, nine-sixteenths to the children, one-eighth to the surviving parent and one-eighth under customary law. If there is no surviving parent, one-quarter goes under customary law. Reasonable provision must first be made for a child who is a minor in education (section 5).
• Where there is a spouse but no child, the rest is shared: one-half to the spouse, one-quarter to the surviving parent and one-quarter under customary law. If there is no surviving parent, one-half goes under customary law (section 6).
• Where no customary law applies to the customary law share, that share is divided equally among the others entitled to share the estate (section 9).
• Where the rest of the estate is worth no more than the amount set in section 12, it all goes to the surviving spouse and children (section 12(a)).

A child includes a natural child, an adopted child and any person the deceased recognised as their child (section 18).

Before the estate is distributed, no one may eject a surviving spouse or child from the matrimonial home (section 16A):

• If the home was the deceased's self-acquired property, no one may eject you at all before distribution.
• If the home is rented, you can only be ejected under a court order.
• If it is the deceased's family house, you cannot be ejected until six months after the death.
• If it is public property, you cannot be ejected until three months after the death.

Before distribution, it is an offence to unlawfully eject a spouse or child contrary to section 16A, to unlawfully deprive an entitled person of the use of their property or property they shared with the deceased, or to remove, destroy or interfere with the deceased's property. The penalty is a fine or imprisonment of up to one year, and the court must make orders to reinstate or reimburse the person affected (section 17). You can report these acts to the police.

A claim to the movable estate of a deceased person, or to a share in it, under a will or on intestacy, must be brought within twelve years from when the right to receive it arose (Limitation Act, section 8(1)). That limit does not apply to a claim against a personal representative based on a fraud they took part in (section 8(3)).